Legal Question in Construction Law in California

Mechanic's Lien

I've done extensive research and there are several steps one can take after having a mechanic's lien recorded against your property.

However I see no way that you can stop anyone whatsoever from recording a lien since the validity is not checked at all. In addition if the person recording the lien is irrational and using it as harrassment, they can just keeo doing it every time you take steps to have it removed.

Or am I missing something?

We had an invalid lien recorded against us. Invalid because we have proof we paid the bills and he also signed lien releases. In addition he filed it 9 months after he finished work.

He then files a lien extension after it becomes stale. This requires my signature and he didn't have it..but no...that doesn't matter. It still gets recorded. And now even after I hire a lawyer to expunge it there's nothing stopping him from doing all this again?

I cannot afford to sue him and there seems to be nothing I can do to stop him recording bogus liens.


Asked on 3/29/07, 10:53 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Mechanic's Lien

If you can't afford an attorney to take file the appropriate legal action, then you are left with filing a complaint with the Contractors State License Board or filing a small claims lawsuit. The recorder's office does not determine the validity of a mechanic's lien. Their only role is to collect recording fees and index the recorded documents. Determining the validity of the lien is for a judge or jury.

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Answered on 3/30/07, 11:58 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mechanic's Lien

You might be able to find a lawyer who is just setting up a practice, either a recent Bar admittee or someone who has just left a large firm to go solo, who is willing to sue the contractor on a contingency fee basis.

There is case law in California holding that filing malicious mechanic's liens can be an abuse of process and is not exempt from suit under the privilege provisions of Civil Code section 47. You might even be able to obtain punitive damages.

If you find an attorney, try to get him or her to ask for an injunction as well as damages.

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Answered on 3/30/07, 12:39 pm


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